This Agreement is between 42c Canada, Inc. (“42c”) and you (“you” or “Customer”), as an authorized user of 42c Services, and governs the terms and conditions of your use of the 42c Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by 42c (collectively, the “Agreement”), constitutes the entire agreement between 42c and you regarding the 42c Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by 42c related to the Services shall be pursuant to a separate agreement governing Customers’ use of such software. For purposes of this Agreement, “42c Services” or “Services” are defined as any and all services provided by 42c to you either now or in the future. By using 42c Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you begin the sign up process for 42c Services but fail to complete the process, 42c may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize 42c to make such contact, even if you ultimately determine not to sign up for 42c Services.
42c offers freevoicemail Services at its Website www.freevoicemailmail.ca (together with other Websites owned and operated by 42c, the “freevoicemail Website”). Individually, the Services are: 1.freevoicemail Free: freevoicemail Free includes but is not limited to a personal remote freevoicemail Number (the “freevoicemail Number”) that provides for the delivery of voice messages to email. freevoicemail Free is hereinafter referred to as “Free” or “Free Service”. freevoicemail Free is for personal, and limited commercial use only. 2.freevoicemail Plus: freevoicemail Plus includes all of the freevoicemail Free features, plus additional premium services.
1.Plus Non-Toll-Free Service Usage; Fair Use Policy.
As a Dedicated Line Customer, you will receive a local freevoicemail Number (or you may keep your existing Free non-local number if you are upgrading from freevoicemail Free) from which you may receive voicemail messages in your email and retrieve those messages via telephone. MESSAGES ARE STORED FOR TELEPHONE ACCESS FOR 14 DAYS ONLY AND THEREAFTER ARE DELETED. MESSAGES ARE STORED FOR ONLINE FREEVOICEMAIL MESSAGE CENTER ACCESS FOR 365 DAYS ONLY AND THEREAFTER ARE DELETED.
YOUR USE OF THE SERVICE IS SUBJECT TO 42c’S “FAIR USE” POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOUR USAGE EXCEEDS MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF 42c’S freevoicemail PLUS CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, “USAGE” MEANS THE COMBINED MINUTES OF VOICEMAIL MESSAGES RECEIVED AND MINUTES OF RETRIEVAL OF MESSAGES BY TELEPHONE, EXCLUDING ANY ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY 42c, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, 42c CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 20 COMBINED MINUTES OF VOICEMAIL MESSAGES AND MINUTES OF RETRIEVAL OF MESSAGES BY TELEPHONE IN ANY THIRTY (30) DAY PERIOD, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS “FAIR USE” POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF OUR freevoicemail PLUS CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).
As a Free Service Customer, you will receive a remote freevoicemail Number through which you may receive a limited number of voice mail messages in your email. 42c provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice.
YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO 42c’S “FAIR USE” POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY 30 DAY PERIOD, YOU RECEIVE MORE THAN TWENTY (20) MINUTES OF VOICEMAIL MESSAGES, EXCLUDING ALL ADVERTISING OR INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY 42c. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, 42c WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY 42c TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS. YOU ALSO UNDERSTAND AND AGREE THAT THE AREA CODE FOR THIS FREEVOICEMAIL NUMBER WILL BE SELECTED BY 42c, IN ITS SOLE DISCRETION, BASED ON AVAILABLE INVENTORY, AND THAT YOU WILL HAVE NO ABILITY TO SELECT OR CHANGE THIS AREA CODE UNLESS YOU AGREE TO UPGRADE TO A PAID SUBSCRIPTION.